Hampton wants subpoenas thrown out

City: Judge should quash subpoenas in coalition's request for special grand jury in cigarette sting

(Judith Lowery, Daily Press )

March 22, 2013|By Peter Dujardin, pdujardin@dailypress.com | 247-4749

HAMPTON — The City of Hampton plans to ask a judge on Monday to throw out several subpoenas that order witnesses to appear at an April 3 hearing into the Blue Water Tobacco cigarette sting.

Last year, the Coalition for Justice for Civil Rights asked the Circuit Court to impanel a special grand jury to look into whether any crimes were committed as part of the Hampton Police Division's undercover cigarette operation.

At the request of Rudy Langford, the coalition's chairman, the court's clerk's office has sent out subpoenas for eight people to attend the April hearing: former Police Chief Charles R. Jordan Jr., former police Lt. James Crotts, former police Maj. Edward Lattimore III, police Maj. Kenneth "Randy" Seals, City Manager Mary Bunting, City Attorney Cynthia Hudson, Mayor Molly Ward and City Council member Donnie Tuck.

But at a scheduled hearing in front of Circuit Judge Ray Grubbs on Monday, the city is planning to assert that the coalition doesn't have the legal "standing" to call for witnesses to appear.

A motion by Robert Boester, an outside lawyer hired by the city, calls the organization "an unincorporated and unidentified group of persons who have taken the name 'Coalition for Justice for Civil Rights.'"

"Virginia law does not contain a provision allowing a citizen to institute the impaneling of a special grand jury, or to summon witnesses before the Court in order to make such a request," Boester's motion said, asking a judge to throw out subpoenas for Bunting, Hudson and Ward.

"The summonses should be quashed for an additional reason" as well, Boester wrote. "The three witnesses occupy positions that are extremely important to the operation and management of the City of Hampton ... To require them to appear at a hearing which has been set without statutory authority by an unidentified group of individuals will disrupt their normal and required duties."

The city is also opposing the subpoena for Seals, saying that having to attend the hearing "will interfere with his important duties with respect to the administration and operation of the Hampton Police Division."

As the major in charge of administration, the city said, "his duties often require immediate attention to emergency situations with little or no notice, to maintain the public safety for the citizens of Hampton."

The city's motions did not address Jordan, Crotts and Lattimore, while Tuck has agreed to come to the hearing voluntarily, Langford said.

Langford calls the city's position "laughable."

He criticized Boester's contention that Bunting, Hudson and Ward should not have their regular duties disrupted by a court hearing. If they can take lunch breaks, he said, they can take "an hour out of their day" to testify.

"The city doesn't suddenly fall apart when they take a lunch break," Langford said. And the city still managed, he said, while Seals was out on leave for more than 11 months as part of an internal investigation by the city and police department into the cigarette sting.

He also disputed Boester's terming the organization an "unidentified group of persons."

He said the coalition has its roots in an organization formed in December 1985 with the involvement of Hampton University President William Harvey and former Del. Mary T. Christian. He said the coalition has membership applications, and 81 members are current with their dues payments of $7 per month, and members are taxpaying citizens.

Over the years, Langford said, Hudson has met with the organization "over 60 times," and Ward has met with the coalition's judiciary committee.

Moreover, he said, lawyers have often come before the coalition to try to land its endorsements for judgeships. Even Boester, Langford said, came before the organization a few years back in an unsuccessful attempt to get its endorsement.

Langford said he found it telling that the city was spending time and money to try to quash the subpoenas when they could simply come in and answer questions about the undercover cigarette operation.

"I find it very unusual to put forth that kind of effort and taxpayer dollars to stop four individuals who should voluntarily take an hour out of their day to come forth and testify," Langford said. "They don't want them to testify, and we want to know why."